Arizona Disorderly Conduct Laws | ARS 13-2904

Arizona’s disorderly conduct statute, ARS 13-2904, defines disorderly conduct as engaging in specific behaviors with the intent or awareness of disturbing the peace of a neighborhood, family, or individual.  Actions that qualify as disorderly conduct include:

1. Engaging in fighting, violent, or seriously disruptive behavior: Physical altercations or behaviors that lead to public disturbance fall under this section.

2. Making unreasonable noise: Excessive or unnecessary noise that disturbs others is considered disorderly conduct, especially when it disrupts public peace or the quiet of a neighborhood.

3. Using offensive language or gestures likely to provoke immediate retaliation: If a person uses language or gestures that could provoke a physical response, they may face disorderly conduct charges.

4. Preventing the transaction of lawful business with disruptive commotion or displays: Interfering with the activities of a lawful meeting, gathering, or procession—whether through noise, gestures, or other means—can be charged as disorderly conduct when the intent is to disrupt proceedings.

5. Refusing to disperse to maintain public safety: In cases of emergencies, such as fires or other hazards, failure to comply with a lawful order to disperse may lead to charges if law enforcement has issued the order to preserve public safety.

Whether through loud noises, offensive language, or disruptive behavior, this statute covers a wide range of actions that, when done with intent or awareness, can be prosecuted as disorderly conduct.

Under ARS 13-2904, disorderly conduct escalates to a class 6 felony when it involves recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument.

This includes actions such as mishandling or exhibiting a weapon in public, where there is a clear disregard for others’ safety.

Examples of actions that can result in disorderly conduct charges under ARS 13-2904 include:

• Starting a physical fight at a bar or public event
• Blasting loud music in a residential neighborhood late at night
• Shouting profanities or making obscene gestures at someone in a way that could incite a confrontation
• Interrupting a town hall meeting with loud outbursts or disruptive behavior
• Refusing to leave an area after police have ordered dispersal during a fire or other emergency
• Waving or recklessly handling a firearm in a crowded area, creating a sense of fear or danger

Arizona law under ARS 13-2904 outlines specific penalties for disorderly conduct, which depend on whether the charge is a misdemeanor or felony:

• Class 1 Misdemeanor: For most disorderly conduct offenses, such as making excessive noise, engaging in fighting, or using offensive language that disturbs the peace, the charge is classified as a class 1 misdemeanor. Penalties can include:
• Up to six months in jail
• A fine up to $2,500
• Up to three years of probation

• Class 6 Felony: When disorderly conduct involves recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument, it is classified as a class 6 felony. Felony penalties are more severe, potentially including:
• Four months to two years in prison for a first offense, depending on mitigating or aggravating factors
• A fine up to $150,000
• Probation may also be possible, although felony convictions carry longer terms and stricter conditions than misdemeanors

Defenses against disorderly conduct charges under ARS 13-2904 often target the statute’s specific elements, aiming to show the prosecution cannot meet each required factor for conviction. Defenses include:

• Lack of Intent: If the behavior was accidental or unintentional, such as loud noise due to an equipment malfunction, it may not meet the statute’s intent requirement to disturb the peace or quiet of others.

• Non-Disruptive Behavior: Actions must be “seriously disruptive” to meet the threshold for disorderly conduct. Brief or minor disturbances that don’t significantly impact those nearby may not qualify, which could lead to the dismissal of charges.

• No Immediate Retaliation Risk: The statute requires offensive language or gestures to be likely to provoke immediate physical retaliation. General statements not aimed at any specific person, or actions that are not realistically likely to provoke a response, may not meet this requirement.

• Absence of a Lawful Order: If a clear, lawful order to disperse wasn’t issued, a defense could argue there was no intentional refusal to comply. Additionally, ambiguous or unclear orders may not meet the legal standard.

Protected Free Speech: Certain expressions may fall under First Amendment protections if they do not reasonably threaten public safety, particularly in cases involving protests or general speech acts.

Attorney Christian Lueders, founder of Guardian Law, brings a unique perspective to defending clients against criminal charges. As a former felony prosecutor with extensive experience across the Arizona legal system, Christian understands both sides of the courtroom and is skilled in building strong defenses that resonate with judges and juries alike.

If you’re charged with disorderly conduct or any other criminal offense in Arizona, reach out to Guardian Law for experienced legal representation.